ROHIT Vs. UNION OF INDIA (ALLAHABAD)(D.B.)

JUDGEMENT

(1.) This petition seeks the quashing of the order dated 31 Oct. 2017, passed by the Competent Officer/Additional District Magistrate (Land Acquisition), Kanpur Nagar, by which the representations dated 18 May 2017 and 3 May 2017 filed by the petitioners have been rejected holding that they are only entitled to receive damages for the structure standing on the land.In fact notices have also been issued by the Competent Officer to the petitioners requiring them to appear in his office for obtaining damages within three months.

(2.) It transpires that a large tract of land was sought to be acquired by the Railways for which a notification under Sec. 20-A of the Railways Act, 1989 (hereinafter referred to as the Act) was issued on 10 Feb. 2009. This was followed by a declaration made under Sec. 20-E of the Act on 9 Sept. 2009. The dispute in the present petition is in regard to Plot No. 805 situated in Mauja Rampur Bhimsen. This plot is not included in the declaration.

(3.) The claim of the petitioners that the application under the National Rehabilitation and Resettlement Policy, 2007 under Sec. 20 (O) of the Act has been rejected for the reason that the land belonging to the petitioners had not been acquired by the Central Government under the provisions of the Act.